Munoz v. City of Tracy
238 Cal. App. 4th 354
| Cal. Ct. App. | 2015Background
- Munoz (a minor when suit was filed) sued the City of Tracy for injuries from a falling tree branch; complaint filed Dec. 3, 2008.
- Nonbinding arbitration in March 2012 favored the City; Munoz timely requested a trial de novo.
- Trial originally set for Jan. 14, 2013; parties executed a written stipulation on Jan. 8, 2013 to continue trial to Oct. 28, 2013, then on Oct. 14, 2013 to continue trial to June 16, 2014.
- The five-year statutory deadline to bring the action to trial was Dec. 3, 2013; the stipulation’s new trial date fell beyond that deadline.
- The City moved to dismiss under Code Civ. Proc. § 583.310 et seq.; the trial court concluded the stipulation did not expressly waive the five-year rule and dismissed the action with prejudice.
- Munoz appealed; the Court of Appeal reviewed de novo whether the written stipulation properly extended the five-year period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a written stipulation setting trial to a date beyond the five-year deadline validly extends the § 583.310 period | Munoz: a stipulation that continues trial to a specific date beyond five years extends the statutory period without needing an express reference to the statute | City: stipulation must expressly reference or waive the right under the five-year statute to extend beyond five years | Court: a written stipulation setting trial to a date beyond the five-year period extends the statutory period; no separate express statutory waiver is required |
Key Cases Cited
- Miller & Lux, Inc. v. Superior Court of County of Merced, 192 Cal. 333 (1923) (written stipulation postponing trial to a date beyond statutory period extends the statutory period)
- J.C. Penney Co. v. Superior Court, 52 Cal.2d 666 (1959) (reiterates that a written stipulation must either extend trial to a date beyond the five-year period or expressly waive dismissal)
- Smith v. Bear Valley Milling & Lumber Co., 26 Cal.2d 590 (1945) (stating a stipulation to extend time of trial beyond five years necessarily waives right to dismissal)
- Sanchez v. City of Los Angeles, 109 Cal.App.4th 1262 (2003) (interpreting requirements for extensions/exclusions under the five-year rules; relied on by trial court)